MRP: C10/473/135 f. 1

C10/473/135 f. 1

Listed in TNA online catalogue as "Noell and Backhouse v. Browne: Middx 1663""

Editorial history

15/11/11, CSG: Document imaged and first cut transcription made
16/11/11, CSG: Transcription near completion. Requires check with original manuscript for parts of lines obscured by folds in original manuscript

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Abstract & context

In February 1663/64, the London merchant Sir Martin Noell and an Inner Temple lawyer, Robert Backhouse, lodged a Bill of Complaint in Chancery against the merchant Quarles Browne.

Quarles (alias Quarls) Browne was probably a son of John and Mary Browne of Rutland. He was baptized in 1622 in the parish of Little Casterton, Rutland, and is mentioned in the PRC will of Mary, the late wife of John Browne of Tolethrop, which was proved May 10th, 1634.

He was chief factor in Cambodia in the early 1650s, and was subsequently appointed agent in Bantam by the English East India Company in January 1658.

Browne had married a niece of Nathaniel Temms, a deceased London merchant, who had been a close commercial partner of Noells. Temms had died intestate in 1659, and at his death was substantially indebted to Noell. The administration of Temms' estate was still not complete by 1663, when Noell and Backhouse's Bill of Complaint was submitted. Martha Temms, the widow of Nathaniel, had been granted administration, but she died a year later, also intestate, and her successor as administrator, her sister Elizabeth Atkins, then herself died intestate the following year. Noell had then sought the administration by application to the Prerogative Court of Canterbury, but Quarles had lodged a caveat with the same court, alleging that Nathaniel Temms, before his death, had promised to pay him £500 portion money on Browne's marriage to Temms' niece.

Seeking to avoid trouble and legal expense, Noell had come to an agreement with Browne regarding the assignment of certain debts owing to Temms' estate once Noell had administration of that estate. The assignment of these debts allegedly took place, but Browne allegedly did not honour his side of the agreement, and sought in common law to claim against a penal bond of £1000 that Noell and Browne had signed. Noell and Backhouse sought in their Bill of Complaint to have a writ of injunction issued by the Court of Chancery to stay the attempt to recover against the penal bond and to have a writ of subpena issued, compelling the defendants to appeare personally in court to answer the premisses of the Bill of Complaint.

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Transcription

//1:o die ffebr 1663//
//?Blucks//

//To the Right Hon:ble Edward Earle of Clarendon Lord High Chancellor of England//

//Humbly complyning there unto yo:r Lopp yo:r dayly Orato:r S:r Martin Noell of London kn:t Robert Backhouse of the Inner Temple London Esq: That Nathaniell Temms of London about foure yeares since dying intestate indebted to yo:r orato:r S:r Martin Noell in divers summes of money letters of admin//

//of his estate were granted to Martha his wife & about three yeares since the said Martha dyed Intestate & letters of ?Adraton of the said Nathaniell Temms estate not administred by the said Martha were granted to Elizabeth Atkins sister of the said Martha & about two yeares since the said//

//Elizabeth dyed Intestate & thereupon yo:r orato:r as being a Credito:r as aforesaid to the said Nathaniell Temms did psente in the Prerogative Cort of Canterbury to have letters of Administraton of his estate not Administred by the said Martha & Elizabeth granted to yo:r orato:r But yo:r orato:r ?heareth that one//

//Quarles Browne of London Merchant p:rtending that the said Nathaniell Temms had promised to pay him five hundred pounds for the marriage porcon of Elizabeth the wife of the said Quarles to w:ch said Elizabeth the said Nathaniell Temms was uncle did enter a caveat in the said//

//Prerogative Co:rt touching the Administraton of the estate of the said Nathaniell Temms & thereuppon yo:r orato:r being unwilling to have any obstruccon or delay in the obteining of letters of Adracon of the said estate did enter into a treaty w:th the said Quarles Browne touchinge//

//said Adraton & pretence of the said Quarles Browne upon w:ch treaty the said Quarles Browne did w:th more than ordinary ??assereratons ptest & affirme that the said Nathaniell Temms did make the said prmise to pay him the said five hundred pounds as a mariage porcon for his said//

//wife & that he had sewall wittnesses to pve the same although yo:r orato:r did ?urg the improbability of it in regard the said Nathaniell was noe wayes indebted to the said Quarles Brownes wife nor any other waies liable to pay the same or any other summe to her nor any way XXXX//

//to pay any porccon w:th her more than in respect of his kindnes to hee beinge uncle & that it was not a usuall for uncles to prmise such large if any porccons w:ch ?Neece neither could the said Quarles Browne pduce any writing manifesting any such prmise although yo:r orato:r urged the same to him//

//yet notwithstanding the said Quarles Browne ??ptisting in his said assereraton that he had sewall credible wittnesses to prove the said prmisse & affirming that he wold w:th extreame violence disturbe yo:r orato:r in obteining the said Adraton & put him to excessive charge in getting//

//the same thereupon yo:r orato:r was ?desrous to come to an agreem:t touching the p:rmisses & accordingly Articles of Agreem:t bearing date the twentieth day of November in the thirteenth yeare of the reigne of o:r now Sovereigne Lord King Charles over England xr were made & sealed//

//betweene yo:r orato:r & the said Quarles Browne whereby it was agreed that yo:r orato:r shold take forth letters of Adraton of the said Nathaniell Temms estate & that yo:r orato:r shold for the satisfatton of the said five hundred pounds to the said Quarles Browne shortly after his//

///taking forth the said lres of Administraton assigne unto the said Quarles Browne a debt of three hundred seaventy five pounds & the pceeds thereof w:ch was then in the hands of Valentine Dobbins of Kingsaile in the Kingdome of Ireland gent:l w:ch he was accomptable for to the estate of//

//the said Nathaniell Temms & also a debt of seaventy nine pounds & seaven shillings w.ch was then in the hands of Michaell Dimkins of London gent w:ch he was accomptable for to the estate of the said Nathaniell Temms & that yo:r orato:r shold within two months next after the date of the said//

//Articles pay the said Quarles Browne five & forty pounds thirteene shillings & that in case that all the said summe in the hands of three hundred seaventy five pounds shold not be in the hands of the said Valentine Dobbins that then yo:r orato:r shold pay soe much to the said Quarles Browne//

//shold make up the money w:ch shold be remaining in the hands of the said Valentine Dobbins three hundred seaventy pounds & that yo:r orato:r shold suffer the said Quarles Browne to comence any suit ag:t the said Valentine Dobbins or Michael Dimkin for the wrong of the//

//said three hundred seaventy five pounds & seaven shillings & that yo:r orato:r shold not release or discharge such suit & it was agreed by the said Quarles Browne that he shold withdraw the said ??caveat & that he shold XXXX accon of the case upon a prmise to be brought//

//by him in case yo:r orato:r shold plead the genall issue of non assumpsit ??pve the said prmise & debt of five hundred pounds to be due & oweing by the said Nathaniell Temms to him & for pformance of the said Articles on yo:r orato:rs pt both yo:r orato:rs did enter into a bond to the said Quarles Browne//

//of the penalty of one thousand pounds bearing date w:th the said Articles And yo:r orato:rs shew that yo:r orato:r S:r Martin Noell in pformance of the said Articles on his pt & in confidence of the said Quarles Brownes pformance of the same on his pt did having taken letters of Adraton of//

//the said Nathaniell Temms estate about two yeares since did assigne to the said Quarles Browne the said debt of three hundred seaventy five poundes XXXX by the said Valentine Dobbins as aforesaid & the said Quarles Browne hath since received the same or a great pt thereof//

//or taken some security or prmise from the said Valentine Dobbins for the paym:t thereof or the remaining pt thereof to him or hath ?accepted his acknowledgm:t of the said debt & more pticularly he did not long after the said assignm:t receive of the said Valentine Dobbins the summe of fifty//

//pounds in pte of the said debts gave his receipt or acquittance for the same & also yo:r orato:r did not long after the sd Articles & in Articles pformance thereof on his pt assigne to the said Quarles Browne the said debt of seaventy nine pounds seaven shillings XXXX by the sd Michaell//

//Dimkin as aforesaid & the said Quarles Browne did after the said assignm:t recover the same & gave his his receipt or acquittance for the same & yo:r orato:r did also not long after the said making of the said Articles & in pformance thereof on his pt pay to the said Quarles Browne//

//the said five & forty pounds thirteene shillings soe agreed by the said Articles to be paid by yo:r orato:r to him whoe gave his receipt or acquittance for the same to yo:r orato:r & yo:r orato:rs show that the said Quarles Browne haveing received the said five & forty pounds thirteene shillings//

//from y:e Executor & the said debt of seaventy nine pounds seaven shillings from the said Michael Dimkin & the said debt of three hundred seaventy five pounds from the said Dobbins or his acknowledgm:t thereof or security or p:rmisse to pay the same pt & withall did take//

//thereof unpaid to him he the said said Quarls Browne did seeme very well satisfyed therewith & did acknowledge that yo:r orato:r S:r Martin Noell pad pformed all the said Articles on his pte soe that nothing was to be done further XXXXXX Nathaniell Temms & that XXXXXXX the//

//?notice to yo:r orato:r of the said two charges in the said Articles on the said Quarles Brownes pt whereby he was to withdraw the said Caveat & to pve the said promisse & debt of five hundred pounds [remainder of line obscured by fold in manuscript]//

//pformance of all the said Articles had by made by yo:r orato:r & that yo:e orato:r had obtained letters of Administracon of the said Nathaniell Temms estate [part of line obscured by fold in manuscript] and that in regard the said Articles were made soe long since & that yo:r orato:r had//

//accon or suit to pve the same wold be chargeable that yo:r orato:r wold make him a release of the said two clauses he expressing himselfe willing & ready to deliver up that pt of the said Articles sealed by yo:r orato:r to him at any time when yo:r orato:r wold deliver up//

//that pt of the said Articles sealed by the said Quarles Browne to yo:r orator whereupon yo:r orato:r not being able then readily to find that pt of the said Articles sealed by the said Articles sealed by the said Quarles Browne & not doubting but that he wold have byn ready & willing at any time when//

//yo:r orato:r shold have demanded the same to have delivered up that pt of the said Articles sealed by yo:r orato.r upon yo:r orato:r delivering up of that pt sealed by the said Quarles Browne did make a release of discharge to him bearing date the [blank in original manuscript] day of [blank in original manuscript]//

//of any of the said Articles & knowing that yo:r orato:r in regard of the absence of their wittnesses in pte beyond Seas are unable att law to bee yo:r orato:r S:r Martin Noells said pformance of the said Articles on his pt & the said receipts of the said Quarles Browne & ?p:rmisses and//

//securitys made to him as aforesaid he the said Quarles Browne hath put the said bond for pfromance of the said Articles in suit at law ag:t yo:r orator:rs & doth presente the same w:th all violence intending to recover the penalty therof contrary to all right Equity & good Conscience//

//In tender consideracon of all w:ch p:rmisses & for that yo:r orato:rs wiittnesses whereon  ?pve yo:r orato:r S:r Martin Noells said pformance of the said Articles on his pt & the said paym:t

//the p:rmisses are in pts remote beyond Seas whereby yo:r orato:s are unable to oduce them at any tryall at law ti be had uoon the said bon soe ??punctually as by the strict rules of the Comon Law is required by w.ch meanes yo:r orato:rs are ?vexed ??thre to make any ?defence//

//at law ag:t the said bond & for that in case the said Quarles Brownes dampnificaconns by reason of yo:r orato:r S:r Martin Niells breach of any pt of the said Articles on his pt to be pformed be ?never soe small the said Quarles Browne by the strict rules of the law will ?upon//

//The penalty of the said bond ag:t yo:r orato:rs & for that yo:r orato:rs are proply releivable before yo:r Lopp in Equity in this hon:ble Co:rt ag:t the penalty of the said bond & that the said Quarles Browne may recover noe more upon the said bond than he is really dampnifyed by reason of yo:r//

//orato:r S:r Martin Noells not pformance of the said Articles on his pt & that the said Quarles Browne may set forth whether he or any pson or psons by his direccon or appointm:t or on his behalfe & whoe did not receive the said debt of three hundred seaventy five//

//pound or any & what pt therof from the said Valentine Dobbins or some by his directon or appointm:t & whoe & when he or they received the same & more pticulalry whether he or some pson or psons by his direccon or appointm:t & whoe did not receive ffifty pounds//

//pt of the said debt of three hundred seaventy five pounds from the said Valentine Dobbins or some by his direccon or appointm:t & whoe & when he or they received the same & whether he the said Quarles Browne did not make or subscribe a receipt or acquittance for//

//the said ffifty pounds & whether the said Quarles Browne did not accept the said Valentine Dobbins acknolwdgm:t of the said debt of three hundred seaventy five pounds & whether the said Valentine Dobbins did not p:rmise or make some security to him for the paym:t of//

//the same of any & what pt thereof of the residue of the said three hundred seaventy five pounds over & above the said ffifty pounds soe as afoesaid received or any & what pt thereof & when And whether he or any pson or psons by his appointm:t or on his behalfe//

//whoe did not receive the said debt of seaventy nine pounds seaven shillings or any & what pt thereof from the said Micheall Dimkin or any by his directon or appointm:t & whoe & alsoe the said five & forty pounds thirteene shillings or any & what pt therof from//

//yo:r orato:r or some by his directon or appointm:t & whoe & when he or they received the same & whether the said Quarles Browne did not make or subscribe severall or any acquittance or acquittances receipt or receipts for the severall sumes of seaventy nine pounds seaven//

//shillings & five & fforty pounds thirteene shillings or any & what pt thereof And to the end that all proceedings at law upon the said bond may be stayed & that yo:r orato:r may be releived against the said bond & in all other the p:rmisses according to Equity & good Conscience//

//May it please yo:r Lopp the p:rmisses considered to grant unto yo:r orato:r not onely his Maiestyes ,ost gratious writt of subpena issuing out of this Hon:ble Cort to to be firected to the said Quarles Browne therby Commanding him att a certiane daye & under a certaine paine//

//therein to be lymitted personally to be & appe before yo:r Lopp in this hon:ble Co:rt then & there upon his corporall oathto Answeare all & singular the p:rmisses But alsoe a writt of Injunccon issuing out of this hon:ble Co:rt to be directed to the said Quarles Browne//

//his Councellors Attorneys & Sollicitors thereby commanding & imagening them & every of them to XXXXXXX & stay all proceedings at the Common Law against yo:r orato:rs upon the said bond And further to stand to & abide such other order & direcon in the p:rmisses//

//as to yo:r Lordship shall seeme meet And yo:r orato:rs will duely pray for yo:r Lordshipps health & happiness.///

//Nico: ?Archboldes [Signature, bottom RH corner]//

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Notes

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Possible primary sources

TNA

C 6/19/9 Short title: Browne v Dashwood. Plaintiffs: Quarles Browne and Francis Maynell. Defendants: Francis Dashwood and Martha Dashwood his wife. Subject: personal estate of the deceased Nathaniel Tems, of LondonDocument type: answer only. 1660

PROB 11/323 Carr 1-58 Sentence of Quarles Browne, Merchant of City of London 13 November 1667

Longleat House

Longleat House: Seymour Papers: [no title or date SE/BOX XIV-XVIII: [no title or date] SE/BOX XVII: [no title] SE/BOX XVII/78 Dat. 19 July, 1660]

- Contents: Bond by Thomas Gape, of the Middle Temple, Robert Backhouse, of the Inner Temple, and William Gape, of London, apothecary, to Thomas Burgh, of London, gent., in £200 for the payment of £102.